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Results: 1-10 of 403

New York State Court denies motion to compel discovery of reinsurance and reserve information

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim

In private letter ruling, IRS says captive reinsurance of fronted pools is “insurance” for tax purposes

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 4 2010

The Internal Revenue Service (IRS) issued a private letter ruling on December 11, 2009, resolving a taxpayer’s question as to whether its business as a captive reinsurer is "insurance" for tax purposes

District court finds that the Federal Arbitration Act preempts state statute barring out-of-state arbitrations

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 14 2010

In Binder v. Medicine Shoppe International, Inc., No. 09-14046 (E.D.Mich. 2010), a breach of contract dispute between the plaintiff (a franchisor) and the defendant (a franchisee) arose out of a Uniform Franchise Offering Circular and subsequent License Agreement (“Agreement”

Massachusetts court says subrogation waiver can survive project completion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 7 2010

In a case of first impression, the Massachusetts Appeals Court has ruled that an insured's waiver of its carrier's subrogation rights can survive the completion of a construction project

Court finds coverage excluded for shooting by security guard

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 1 2010

A California Appeals Court recently held that a wrongful death action against a security guard who shot a man while on duty was excluded under an "assault and battery" exclusion, even if the security guard acted in self-defense

Divided Kentucky Court of Appeals relaxes claims made and reported requirements when consecutive policies are issued by the same insurer

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 28 2010

A divided Court of Appeals of Kentucky recently held that an insured was continually covered under two back-to-back "claims-made" insurance policies issued by the same insurer even though a claim was made against the insured during one policy period, and not reported to the insurer until fourteen months later, during the second policy period

ERISA litigation: an update from the ALI-ABA conference on financial and insurance litigation

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 21 2010

ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years: the result of an aging population and an increasingly sophisticated and aggressive plaintiffs' bar

Court finds insurers no longer required to advance defense costs for certain Stanford individuals due to money laundering exclusion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 2 2010

After a preliminary injunction hearing, the United States District Court for the Southern District of Texas has determined that D&O insurers for the Stanford Financial Group and various related entities are no longer required to advance defense costs relating to criminal charges and civil litigation filed against Mark Kuhrt, Gilbert Lopez and R

Oklahoma federal court holds claim for misrepresentations in home sale not covered by homeowners’ liability policy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 6 2010

The United States District Court for Oklahoma recently ruled that homeowners’ liability policies (primary and excess) did not cover a homebuyer’s lawsuit against the insured sellers for misrepresenting the condition of the home’s fireplaces

Federal district court finds that arbitrator lacks the authority to issue pre-hearing deposition subpoena to non-party under the Federal Arbitration Act

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 31 2010

Helene Tomasian, a non-party to an arbitration between Ware and C.D. Peacock, Inc., moved to quash an arbitrator’s subpoena compelling her attendance at a pre-hearing deposition